Further Reading

FAA disagrees, says law enforcement definitely needs permission to use a drone.

On Monday, the San Jose Police Department responded to Ars’ request for comment concerning its drone use, saying that it will “follow all regulations the [Federal Aviation Administration] requires regarding its drone use."

Last week, newly published documents showed that the San Jose Police Department (SJPD) did not believe it needed federal authorization in order to fly the drone it acquired in January 2014. The FAA said otherwise, and now the SJPD will oblige.

“The SJPD will seek a [Certificate of Waiver or Authorization (COA)] if that is required,” SJPD spokesman Albert Morales told Ars. “The SJPD obtained FAA literature regarding requirements for an [unmanned aerial system, or UAS], prior to procuring the UAS.”

Curiously, Morales added that his agency has already tested its drone “approximately four times at SJPD facilities.” Morales did not immediately provide further details, but such tests could possibly be in violation of FAA rules.

“Anyone who wants to fly an aircraft—manned or unmanned—in US airspace needs some level of authorization from the FAA to ensure the safety of our skies,” Ian Gregor, an FAA spokesman for the Pacific Division, previously told Ars in a statement. “The FAA authorizes UAS operations that are not for hobby or recreation on a case-by-case basis. Public entities (federal, state, and local governments and public universities) may apply for a COA, which, when approved, provides authorization for [unmanned aircraft systems] operations in the [national airspace system]."

Another FAA spokesman, Allen Kenitzer, did not provide a definitive answer when contacted for this piece. "All we can say at this point is that we’re looking into this."

Morales added that the SJPD acquired its drone to help bomb squad technicians.

“Tactical situations wherein life was immediately in danger was the only other situation that had been discussed as an additional use for the UAS," he added. "The SJPD will determine if and when the UAS will be used only after community outreach and further research has been conducted.”